Position of FSSAI on the use of identical flavours in Alcoholic Beverages
Numerous electronic and print media outlets have been circulating reports regarding the action taken against Alcoholic Beverages manufacturers for the use of non-permitted flavours and age-related claims.
Enforcement action against certain alcoholic beverage manufacturers was initiated by FSSAI over following non-compliance to the existing regulations:
Alcoholic Beverages : Name of the alcoholic product:
A combination of base materials (e.g., molasses for rum, malt for whisky), fermentation, yeast activity, distillation, maturation, and other recognized manufacturing processes develops the characteristic sensory profile of each alcoholic product.
Investigators found that a few manufacturers add external flavouring to mimic the product’s inherent aroma and taste. These manufacturers then sell these items as standard products, misleading consumers. Regulators observed this need for added flavour because of an existing malpractice: instead of maturing products or using raw base materials like molasses, malt, or grapes to develop natural flavours, manufacturers primarily use neutral alcohol or spirit—which lacks distinct flavour—and add flavour externally.
These manufacturers not only produce sub-standard items, but they also misrepresent them under standard category names. At best, regulators can identify these beverages as Rum-flavoured Spirit or Whisky-flavoured Spirit. Further, the front of the pack completely fails to disclose the true nature of the product.
Regulation 5.1 of FSS (Labelling and Display) Regulation, 2020 clearly states that “Every package of food shall carry the name of the food which indicates the true nature of the food contained in the package, on the Front of Pack”Alcoholic Beverages Laboratory findings and regulation requirement:
Rum and whisky across multiple manufacturers are sampled and sent for testing. The laboratories opined these products to be sub-standard due to the presence of external artificial or nature identical flavours in the product.
For example, as per Regulation 2.5 of FSS (Alcoholic beverages) Regulation, 2018 the “Rum shall possess the characteristic taste and aroma associated with the product”.
Laboratory report clearly noted down, “the addition of artificial flavours is masking its natural flavour and making the product substandard”. Also failing to name these products as “flavoured/premix rum” on the product label may mislead or be deceptive to the consumers.
Deceptive claims:
“Investigators found that the ‘7 years old blended’ claim on the Old Monk XXX Rum label misled consumers. Neutral (unmatured/unaged) spirit makes up the major ingredient, while matured rum spirit accounts for less than 5% of the blend.” This is also a clear violation of existing regulations, as the age claim of the spirit should be from the youngest of spirit in the blend as per FSS (Alcoholic Beverages) Regulations. 2018..
4.Regulatory position of flavour addition in alcoholic product:
It is an undisputed position that the use of natural and nature-identical flavouring substances is permissible under the applicable Food Safety and Standards Regulations governing alcoholic beverages. Consequently, manufacturers are not prohibited from incorporating flavouring substances such as coffee, vanilla or other similar flavours, where such use is otherwise permissible under law and is supported by a legitimate technological justification.
The present matter, however, does not pertain to a prohibition on the use of flavouring substances . Rather, it concerns the practice adopted by certain manufacturers of adding the flavour of the standardized alcoholic beverage itself, for instance, the addition of rum flavour in rum or whisky flavour in whisky.
The practice presently under consideration is analogous to the addition of coffee flavour to coffee or tea flavour to tea. Such an addition does not serve any ‘legitimate technological function’ as it is expected to arise inherently from the composition of the product. The regulatory framework governing food additives unequivocally reinforces this principle. Clauses 3.1.1(4) and 3.1.1(7) of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 stipulate that clearly.
5.Enforcement action taken by FSSAI:
i.Based on non-conforming laboratory reports prohibition of sale issued in the case of the following:
• M/s Mohan Rocky Springwater, Khopoli unit (Brand: 3 Old Monk Rum variants- The Legend, Gold Reserve, XXX Matured Rum)
• M/s United Spirits, Baramati (Brand: McDowell’s No 1 Rum)
• M/s INBREW Beverages, Madhya Pradesh (Brand: Bagpiper Deluxe Whisky, Old Cask deluxe XXX Rum)
• M/s Associated Alcohol & Breweries, Madhya Pradesh (Brand: Central Province Whisky, Mcdowells No. 1 Celebration matured XXX Rum)
• M/s United Spirits, Madhya Pradesh (Brand: Antiquity Blue Whisky, Royal Challenge Whisky)
ii. From Goa, inspections and sampling done in the premise of M/s Mandexi Distilleries & Breweries.
iii. Notices have been issued to 6 other manufacturers in the State of Maharashtra in this case and further necessary action to follow soon.
6.Conditional relaxation to prohibition of sale given to few manufacturers:
“Following an appeal by two manufacturers against the sales ban, FSSAI issued a conditional revocation. The authority allowed them to sell their existing stock provided they reveal the product’s true nature on the front of the pack. For future production, FSSAI directed them not to add identical flavours, such as rum or whisky flavour, to the products.”
7. Market position:
It is equally relevant to clarify that the present issue is not representative of the entire industry. Several manufacturers continue to produce standardized alcoholic beverages fully compliant with the prescribed standards, as reflected in the enclosed Annexure.
Only certain manufacturers are producing beverages predominantly from neutral alcohol or extra neutral alcohol, which inherently lacks the characteristic flavour profile associated with standardized alcoholic beverages, and thereafter introducing identical or artificial flavouring substances to recreate such characteristics.
Notably, no internationally recognized manufacturing practice permits producers to add rum flavor to rum or whisky flavor to whisky to generate the defining sensory characteristics of standardized alcoholic beverages.
FSSAI instituted these standards to ensure that the chemical composition of alcoholic beverages remains authentic to their raw material origins. Food businesses must not use any additives that mislead consumers. Furthermore, the law mandates FSSAI to protect consumer interests, ensuring fair trade practices across all food businesses in accordance with food safety standards.
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